From Casetext: Smarter Legal Research

Pagliuca v. State

District Court of Appeal of Florida, Fifth District
Dec 12, 2003
860 So. 2d 1095 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 5D02-3608.

Opinion filed December 12, 2003.

Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


John Michael Pagliuca challenges the trial court's imposition of $250.00 for the costs of prosecution and the requirement that he enroll in a probationers' educational growth program pursuant to a special condition of his community control.

Section 938.27(1), Florida Statutes (2002), allows the trial court to impose the costs of prosecution "if requested and documented. . . .", but in Pagliuca's case, the State presented no documentation. Consequentially, we strike that portion of his sentence assessing the $250.00 for costs of prosecution and remand to the trial court for reimposition of the fees only if the State provides the necessary documentation. See, e.g., Hill v. State, 845 So.2d 310 (Fla. 2d DCA 2003), and citations therein.

The requirement that Pagliuca enroll in a probationers' educational growth program as a special condition is neither statutorily authorized nor contained within the standard conditions of community control. Therefore, it must be orally pronounced at sentencing in order to be validly imposed. § 948.03(1), Fla. Stat. (2002); e.g., Queen v. State, 832 So.2d 956 (Fla. 5th DCA 2002). Since special condition nineteen was not orally pronounced, it must be stricken. Harris v. State, 698 So.2d 343 (Fla. 5th DCA 1997).

We strike the assessment of $250.00 costs of prosecution and remand to the trial court with directions that such costs may be reimposed only after the State produces the required documentation. Special condition nineteen is stricken because it was not orally pronounced at the time of sentencing.

REVERSED AND REMANDED.

SHARP, W., J., concurs.

GRIFFIN, J., concurs in part, dissents in part.


I agree that the assessment for "cost of prosecution" must be stricken. I disagree that we should remand for a second hearing. There was a failure of proof and that should be the end of it.


Summaries of

Pagliuca v. State

District Court of Appeal of Florida, Fifth District
Dec 12, 2003
860 So. 2d 1095 (Fla. Dist. Ct. App. 2003)
Case details for

Pagliuca v. State

Case Details

Full title:JOHN MICHAEL PAGLIUCA, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 12, 2003

Citations

860 So. 2d 1095 (Fla. Dist. Ct. App. 2003)

Citing Cases

McCarthy v. State

The prevailing view of Florida courts is that if the State fails to offer proof to support a cost claim…

Major v. State

On remand, these costs may be reimposed provided the state can produce proper documentation. See Hill v.…